France: Implementation of the night shift – pay attention to compensations offered to employees

The legislation currently regulates night work (after 9PM) in international tourist areas (for example, Champs-Elysees) with specific conditions: double remuneration, compensation in hours of rest equivalent to the time worked, help with childcare and the return of the employee back to their home.

A tribunal has just sentenced a supermarket brand present in Paris, to close its stores after finding that the provisions of the agreement on night work, which granted the covering of the “most economical” transport when there was a lack of public transport, were insufficient. For the judges, the employer should have made available to the employees concerned, a means of transport that allows employees to return to their place of residence.

In addition, for night work outside the tourist zone, the court recalls that night work must be “exceptional” according to the Labour Code.

The 129 stores that are generally open after 9 PM, will no longer stay open beyond 9PM now in order to comply with the judgement of the Labour Court. Companies that fail to comply may be fined € 30,000 per employee, who is working illegally.